Page:United States Statutes at Large Volume 92 Part 3.djvu/1127

 92 STAT. 3 7 5 9

PUBLIC LAW 95-632—NOV. 10, 1978

action. All necessary mitigation and enhancement measures shall be authorized prior to the implementing of the agency action and funded concurrently with all other project features. " (2) The applicant receiving such exemption shall include the costs of such mitigation and enhancement measures within the overall costs of continuing the proposed action. Notwithstanding the preceding sentence the costs of such measures shall not be treated as project costs for the purpose of computing benefit-cost or other ratios for the proposed action. Any applicant may request the Secretary to carry out such mitigation and enhancement measures. The costs incurred by the Secretary in c a r r y i n g out any such measures shall be paid by the applicant receiving the exemption. No later than one year after the g r a n t i n g of an exemption, the exemption applicant shall submit to the Council on Environmental Quality a report describing its compliance with the mitigation and enhancement measures prescribed by this section. Such a report shall be submitted annually until all such mitigation and enhancement measures have been completed. Notice of the public availability of such reports shall be published in the Federal Register by the Council on Environmental Quality. " (m) NOTICE.—The 60-day notice requirement of section 11(g) of this Act shall not apply with respect to review of any final determination of the Committee under subsection (h) of this section g r a n t i n g an exemption from the requirements of subsection (a) of this section. " (n) JUDICIAL R E VI E W. — Any person, as defined by section 3(13) of this Act, may obtain judicial review, under chapter 7 of title 5 of the United States Code, of any decision of the E n d a n g e r e d Species Committee under subsection (h) in the United States Court of Appeals for (1) any circuit wherein the agency action concerned will be, or is being, carried out, or (2) in any case in which the agency action will be, or is being, carried out outside of any circuit, the District of Columbia, by filing in such court within 90 days after the date of issuance of the decision, a written petition for review. A copy of such petition shall be transmitted by the clerk of the court to the Committee and the Committee shall file in the court the record in the proceeding, as provided in section 2112, of title 28, United States Code, Attorneys designated by the E n d a n g e r e d Species Committee may appear for, and represent the Committee in any action for review under this subsection. " (o) EXCEPTION ON T A K I N G. — Notwithstanding sections 4(d)

Report to Council on Environmental Quality.

Report availability, publication in Federal Register. 16 USC 1540.

16 USC 1532. 5 USC 701 et seq.

and

9 (a) of this Act or any regulations promulgated pursuant to such sec- 16 USC 1533, tions, any action for which an exemption is granted under subsection 1538. (h) of this section shall not be considered a taking of any endangered or threatened species with respect to any activity which is necessary to carry out such action. " (p) E X E M P T I O N S I N PRESIDENTIALLT DECLARED DISASTER A R E A S. —

I n any area which has been declared by the President to be a major disaster area under the Disaster Relief Act of 1974, the President is authorized to make the determinations required by subsections (g) and (h) of this section for any project for the repair or replacement of a public facility substantially as it existed p r i o r to the disaster under section 401 or 402 of the Disaster Relief Act of 1974, and which the President determines (1) is necessary to prevent the recurrence of such a n a t u r a l disaster and to reduce the potential loss of human life, and (2) to involve an emergency situation which does not allow the o r d i n a r y procedures of this section to be followed. Notwithstanding

42 USC 5121 note. 42 USC 5171, 5172.

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